Rajasthan High Court
Rajkumar Singh S/O Shri Tej Singh vs Rajasthan State Road Transport ... on 22 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7570/2021
Rajkumar Singh S/o Shri Tej Singh, Aged About 60 Years, R/o
18/47, Clock Tower, Near Sindhi Mandir, Banjara Mohalla, Manda
House, Kekri, District Ajmer.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Kota Depot, Kota.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10177/2021
Nannu Ram Saini Son Of Shri Jagan Lal, Aged About 62 Years,
Resident Suraj Bagh Colony Kaman, Bharatpur (Rajasthan).
----Petitioner
Versus
1. Rajasthan State Roadways Transport Corporation,
Through Managing Director, Chomu House, Parivahan
Marg, C-Scheme, Jaipur.
2. The Executive Director (Administration), Rajasthan State
Roadways Transport Corporation, Parivahan Marg, Chomu
House, Jaipur.
3. The Chief Manager, Rajasthan State Roadways Transport
Corporation, Bharatpur Depot, Bharatpur.
----Respondents
S.B. Civil Writ Petition No. 7574/2021
Jagdish Singh Hada S/o Shri Lal Singh, Aged About 63 Years, R/o
House No. L-212, Affordable House Scheme, Kansua, Ladpura,
Kota.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
(2 of 4) [CW-7570/2021]
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Kota Depot, Kota.
----Respondents
S.B. Civil Writ Petition No. 7575/2021
Omprakash Sharma S/o Shri Shyam Lal Sharma, Aged About 62
Years, R/o Coral Villa No. 2, Behind Menal Hotel, Ganpati
Windsor Park, Ganpati Nagar Extension, Bundi Road, Kota.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Kota Depot, Kota.
----Respondents
S.B. Civil Writ Petition No. 7576/2021
Chatar Singh S/o Shri Madan Singh, Aged About 60 Years, R/o
Plot No. 31, Chungi Naka, Opposite Workshop, Krishna Vihar
Colony, Kunhadi, Kota.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Kota Depot, Kota.
----Respondents
S.B. Civil Writ Petition No. 8119/2021
Ziyauddin S/o Shri Mushtaq Ahmed, Aged About 62 Years, R/o
Baksa Wale Ki Gali, Ward No. 30, Baran.
----Petitioner
Versus
1. Rajasthan State Road Transport Corporation, Through
(3 of 4) [CW-7570/2021]
Chairman Cum Managing Director, Rajasthan State Road
Transport Corporation, Chomu House, Pariwahan Marg,
Jaipur.
2. The Chief Manager, Rajasthan State Road Transport
Corporation, Baran Depot, Baran.
----Respondents
For Petitioner(s) : Mr. Amit Jindal and
Mr. Raj Kumar Goyal
For Respondent(s) : Mr. Vinayak Joshi
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/10/2021
For the reasons stated in the applications No.1/2021, the same
are allowed. The affidavits in reply are taken on record.
Learned counsels appearing for the respective parties submit
that the controversy involved in the writ petitions wherein the
petitioners have claimed retiral benefits and other allowances, stands
squarely covered by a co-ordinate Bench judgment of this Court
dated 17.09.2021 passed in case of Omprakash Mundel vs.
Chairman and Managing Director & Ors., S.B. Civil Writ
Petition No.11764/2021, and pray that these writ petitions may
also be disposed of in the same terms as referred to below:-
"2. This Court, while deciding the case of Daulat Ram
(supra), directed as under:-
"In this background, these writ petitions deserve
to be and are hereby allowed. The respondent
Corporations directed to reimburse the entire
dues of all its retired employees under all heads
including retiral benefits, overtime, night
allowance, earned leave etc. within a period of
six months. The due amount shall carry interest
@ 6% p.a. from the date of accrual till the date
of actual payment. The petitioners shall be at
liberty to submit detailed representations to the
concerned officers to settle the accounts and
facilitate the assessment of dues at the earliest.
(4 of 4) [CW-7570/2021]
No order as to costs."
3. In view of above, this writ petition is also allowed in
light of the judgment in case of Daulat Ram (supra) with
the same directions, as quoted hereinbefore.
4. The above order shall be subject to following
conditions:-
(i) While making the payment to the petitioner,
respondent-Corporation shall take into account of the
corresponding seniority (on the basis of date of
retirement) of all the retired employees.
(ii) In case, the respondents find petitioner's case as
emergent, payment may be made to him, out of the
seniority in terms of the order dated 30.03.2017, passed
by Jaipur Bench of this Court in SBCWP No.9127/2016.
(iii) The respondents may defer payment of interest of
gratuity for the time being, as observed in the
proceedings dated 17.01.2020 in SBCWP No.992/2018."
Taking into consideration the submissions made by the learned
counsels for the respective parties, these writ petitions are disposed
of in terms of order dated 17.09.2021 of this Court in case of
Omprakash Mundel (supra) and it is directed that the aforesaid
direction shall mutatis mutandis apply to these cases too.
These writ petitions are disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
MADAN/91-96
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